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The question of specific juror unanimity/duplicity continues to surface on a regular basis. Thomas Lundy discusses issues related to appellate review of specific unanimity claims, including the bases upon which reviewing courts hold specific unanimity error to be harmless. Jury unanimity is a constitutionally based concept — a defendant is entitled to a verdict in which all jurors concur, beyond a reasonable doubt, as to each count charged. “Duplicity,” another term used to describe this doctrine, is the joining in a single count of two or more distinct and separate offenses.

Jury Instruction Corner
Thomas Lundy
October 2000
41
Flight Evidence and Jury Instructions: Ideas for Clipping the Prosecution's Wings
The decision in Illinois v. Wardlow (1/12/00, No. 98-1036) ___ US ___], although it was in the context of a detention issue, illustrates the crucial role evidence

Jury Instruction Corner
Thomas Lundy
December 2000
48
Obtaining Instruction on Non-Included Lesser Offenses
A common defense strategy is to provide the jury with a lesser offense option so that it is not presented with an unwarranted “all or nothing” choice. (See Beck v. Alabama, 447 U.S. 625

Jury Instruction Corner
Thomas Lundy
May 2001
39
Part I: The Inherent Limitations Of Pattern Instructions
This is the first in a series of articles addressing the role of standard pattern instructions in American criminal jurisprudence. It is the premise of these articles that judges and prac

Jury Instruction Corner
Thomas Lundy
July 2001
46
Part II: Strategies for Persuading the Trial Judge To Modify or Supplement Pattern Instructions
This article is adapted in part from FORECITE National, Chapter 1 Strategies For Making Jury Instructions Part Of The Adversarial Process. This is the

Jury Instruction Corner
Thomas Lundy
December 2001
33
Juror Anonymity: Issues And Instructions
Juror Anonymity Improper Without Good Cause Trial by an anonymous jury is a “drastic measure, one which should be undertaken only in limited and carefully delineated circumstances.” (U.S. v. Ross

Jury Instruction Corner
Thomas Lundy
March 2002
43
Reverse 404(b) Instructions: Using Uncharged Acts Or Misconduct To Bolster the Defense
The defendant's uncharged acts or crime can be a powerful weapon for the prosecution. Typically, standard cautionary and limiting instructions are available wh